Children over the age of 16 have the legal authority to refuse visitation with a noncustodial parent unless stated otherwise by a court order.
What do I do if my child doesn't want to see her father?
There are essentially two legal avenues to take in this situation. First, if there is a court order that establishes your visitation schedule, then you can ask the family court to hold the other parent in contempt of court .
Can a 12 year old decide not to see a parent?
When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. ... Actually, the law allows children to have a say in who they want to live with beginning at age 12. But that is a separate issue from whether a child can halt parenting time .
Should you force a child to visit a parent?
You shouldn't have to force a child to attend a visit . If you have concerns that your child is being abused or harmed by the other parent, then you should contact your attorney immediately.
At what age can a child decide not to see a parent?
What age can a child decide not to visit a non-custodial parent in California? A child must be over the age of 16 to refuse to visit a noncustodial parent.
Can a 14 year old choose not to see a parent?
Code § 3042 (a).) If a child is at least 14, the law allows the child to state a custodial preference , unless the judge believes doing so would be detrimental. ... Children can't choose where to live until they are 18 years old.
How long does a father have to be absent to lose his rights?
If the parent has not exercised his or her parental rights in at least six months , that is also grounds to have parental rights terminated in California. California law provides several reasons that termination of parental rights may be appropriate. These include: Abandonment of the child.
Can a 13 year old refuse to see a parent?
The legal answer may be “yes” even though the ethical answer could be “no” in some situations. Under the law, each parent must follow a custody order exactly. ... However, obviously parents may have less control over a teenage child who is refusing visits.
Can a 12 year old choose which parent to live with?
A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child's best interests. The judge considers the desires of a child at least 11 but not yet 14.
Can a 10 year old decide which parent to live with?
Although the law specifically permits children at least 14-years-old to express an opinion , there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
How hard is it to terminate parental rights?
Keep in mind that to win a case to terminate parental rights, you'll need to present very persuasive evidence to the court , such as lack of contact, lack of support, abandonment, abuse, neglect, ongoing indifference, or failure to care for the child.
How do I prove parental abandonment?
In order to prove child abandonment
What qualifies as abandonment of a child?
Child abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child without any regard for the child's physical health, safety or welfare and with the intention of wholly abandoning the child , or in some instances, fails to provide necessary care for a child living under their roof.
Can a 15 year old refuses to see a parent?
You cannot physically force a fifteen-year-old boy to visit a parent if he doesn't want to. ... As such, family law courts typically hold the teenagers responsible for their behavior with respect to visitation, not the custodial parent.
Can you force a child to see their father?
The legal answer may be “yes” even though the ethical answer could be “no” in some situations. Under the law, each parent must follow a custody order exactly. This means, you're obligated to make a child in your care available for visits with the other parent as laid out in the custody order.
What age can a child make their own decision?
Legally, children can make their own decisions when they reach the age of majority, which is 18 years of age .
